8Action may be taken despite appeal or challenge

8 Action may be taken despite appeal or challenge

(1) The Minister must continue to apply the Principles, including taking into account a relevant advisory report, assessment report or accreditation action, even if a person affected by the report or accreditation action is seeking review by the independent body concerned, or by a judicial or other review body, of the report or accreditation action. (2) Where: (a) the Minister has made a decision under section 23DN of the Act after taking into account an advisory report, assessment report or accreditation action of an independent body; and (b) the independent body later varies the report or accreditation action, or a judicial or other body has set aside or varied the report or accreditation action, the Minister may, but is not obliged to, review the decision under section 23DN of the Act. (3) If the circumstances referred to in subsection (2) occur and the Minister does not review the decision under section 23DN of the Act, the Minister must take into account the conclusion of the independent body on review of its original report or accreditation action or, as the case may be, any order or decision of a judicial body or other body which reviewed the original report or accreditation action, when considering a new application for approval under section 23DN of the Act.